Our law firm offers a wide array of legal services to our clients. One of our primary areas of practice is our Elder Law Department which includs but is not limited to representing seniors, facilities or families with regard to Advance Directives, Guardianships, Supplemental Needs Trusts, Medicaid Planning and Applications, Estate Planning and Asset Preservation and Last Will and Testaments. The attorneys have often been recognized and appointed by the Courts in Nassau, Queens and Suffolk County to represent and assist persons with incapacity or special needs. This office also handles Estate matters before the Surrogate's Court involving Probate and Administration. We work with our clients and their families to secure their future and peace of mind through effective planning and assisting them in making those difficult and often emotional decisions.
Advance Directives
Unfortunately during severe illness, people are often unconscious or otherwise unable to communicate their wishes at the very time when many critical and important decisions have to be made. Advance Directives will ensure that your personal, philosophical, religious and financial concerns are addressed and adhered to. Most people will appoint someone they can trust- whether it be a family member or close friend to make decisions for them. If you want your family to be able to immediately take over for you, you may designate a person or persons you trust in proper legal documents such as a Health Care Proxy or Power of Attorney.
A Health Care Proxy authorizes an individual to make health care decisions on your behalf. Any competent adult over the age of 18 can be appointed as your health care agent and they may make decisions for you once you are unable to do so yourself.
A Living Will, although not a legally recognized document in the State of New York, acts as a guide for your health care agent and allows you to specify exactly what decisions will be made under certain medical circumstances (i.e. if you want artificial hydration, artificial nutrition, or artificial respiration).
A Power of Attorney provides an agent acting on your behalf the power to make financial decisions. This agent is also known as an Attorney- In- Fact, and must be a competent adult over the age of 18.
Providing for Incapacity
If you become incapacitated, you won’t be able to manage your own personal needs or financial affairs. Many are under the mistaken impression that their spouse or adult children can automatically make medical decisions or manage their finances in the event they become incapacitated. In the event you do not have advance directives, then someone must petition the Court to obtain the legal authority to make medical and financial decisions. This process can be lengthy, costly and stressful. Even if the court appoints the person you would have chosen, they may have to come back to the court every year and show how they are spending and investing each and every penny.
The high cost of long-term care has made planning a critically important issue for most middle class seniors and their families. In fact, most seniors will likely require some form of long-term care. Sadly, many of them are unprepared for the significant financial burdens it places on their family’s hard earned savings. Financial devastation looms large for a family facing ongoing care at a rate of $10,000 or more per month.
While some seniors are able to afford private pay care, the cost of long-term care will wipe out savings of all but the wealthiest families in a matter of years. Those who have planned ahead by purchasing long-term care insurance have a degree of certainty and peace of mind, knowing that they have a lesser need to rely on other sources in the future. Unfortunately, many can’t afford the high cost of long term care insurance or worse, because of age of medical condition cannot qualify for long term care insurance altogether. If you do have long-term care insurance, you should be aware of what your policy covers. Many policies have high deductibles or provide for only a short period of care in facility. In fact, many who have long-term care insurance still have to resort to Medicaid to pay for their care.